Trial of George Purchase, in the 9th year of the reign of our said sovereign lady queen Anne, &c. before, &c. it is presented, That George Purchase, late of the parish of St. Clement Danes, in the county of Middlesex, labourer, not having the fear of God in his heart, nor weighing the duty of his allegiance, but being moved and seduced by the instigation of the devil, entirely withdrawing the cordial love, and the true, due and natural obedience, which true and faithful subjects of our most serene and illustrious princess, our sovereign lady Anne, by the grace of God, of Great Britain, France and Ireland, queen, defender of the faith, &c. ought, and of right are bound to bear towards her our said sovereign lady the queen, and conspiring, and with all his strength intending to disturb the peace and common tranquillity of this kingdom, the first day of March, in the eighth year of the reign of our said lady the queen, in the parish of St. Clement Danes aforesaid, in the county aforesaid, did traitorously compass, imagine, and intend to levy and raise war, rebellion and insurrection, against our said lady the queen, within this kingdom of Great Britain; and to complete and effect his treasonable imaginations and intentions, he the said George Purchase, on the said first day of March, in the eighth year aforesaid, with force and arms, &c. in the said parish of St. Clement Danes, in the county aforesaid, against our said lady the queen, his true and undoubted sovereign, with a multitude of people, to the said jurors unknown, to the number of 500 persons, armed and arrayed in a warlike manner, to wit, with swords, staffs, and clubs, and other weapons, as well offensive as defensive, unlawfully and traitorously then and there assembled, and gathered together, did traitorously ordain, prepare, and levy open war against our said lady the queen, against the duty of his allegiance, against the peace of our said lady the queen that now is, ber crown and dignity, and against the form of the statute in that case made and provided. Wherefore the sheriff of the county aforesaid was commanded, that he should not omit, &c. but that he should take the aforesaid George Purchase, if, &c. to answer, &c. which said indictment, the said justices of our said lady the queen, appointed by the letters patent of our said lady the queen, under her great seal as aforesaid, afterwards, to wit, at the gaol-delivery of our lady the queen, of Newgate, holden for the county of Middlesex aforesaid, at Justice-hall in the Old Bailey, in the suburbs of the city of London, on Monday the 17th day of April, in the aforesaid 9th year of the reign of our said lady Anne, queen of Great Britain, &c. before sir Samuel Garrard, baronet, lord mayor of the city of London, sir Thomas Parker, knight, lord chief justice of our lady the queen, assigned to hold pleas before the queen herself, sir Edward Ward, knight, lord chief baron of the Exchequer of our said lady the queen, Robert Tracy, esquire, one of the justices of the bench of our said lady the queen, sir Thomas Bury, knight, one of the barops of the Exche [696 Levett, knight, sir William Withers, knight, quer of our said lady the queen, sir Richard aldermen of the city of London, Richard Richardson, esquire, one of the serjeants at law, and others their companions, justices of our said lady the queen, assigned to deliver the gaol of our said lady the queen, of Newgate, of with their own proper hands, in the court of rethe prisoners being in the same, did deliver here cord, in form of law, to be determined, &c. and thereupon, at the said delivery of the gaol of our said lady the queen, of Newgate, holden for the said county, at Justice-hall aforesaid, the said Monday the 17th day of April, in the 9th year aforesaid, before the said justices of their companions aforesaid, the said George our said lady the queen last named, and others Purchase came under the custody of sir Richard Hoare, knight, and sir Thomas Dunch, knight, sheriff of the county aforesaid, (to whose custody, for the cause aforesaid, he was before committed to the said gaol of Newgate) being brought to the bar here in his own proper person, who is committed to the aforesaid sheriff, &c. high treason aforesaid, in the said indictment and immediately being asked concerning the above specified, charged upon him as above, in what manner he would acquit himself thereof, the said George Purchase saith, that he is not guilty thereof, and of the good and bad thereof putteth himself upon his country. Therefore let a jury immediately come before the said justices of our said lady the queen last mentioned, and others their companions here, &c. by whom, &c. and who, &c. to take cognizance, &c. and the jurors of that jury by the said sheriff for this purpose impannelled, that is to say, Thomas Sutton, John Furness, John Parsons, Joseph Parsons, William Hargrave, John Meard, Edward Boswell, Robert Breakspear, Richard Beatkuite, Richard Hazzard, Francis appeared, who being chosen, tried, and sworn Higgins, and Humphry Newman, being called, aforesaid, upon their oaths do say: to speak the truth of and upon the premisses eighth year of the reign of our lady Anne, R... Royce, and Leach's Hawkins's Pleas of 697] for High Treason. of our lord and lady William and Mary, late further say, that whilst the said persons asking and queen of England, &c. in the first sembled and gathered together as aforesaid, did year of their reign, intituled, An Act for ex-burn the materials of that house in the street cmpting their majesties Protestant subjects aforesaid, called Drury-lane, the said George dissenting from the Church of England from Purchase, in the indictment aforesaid men'the penalties of certain laws,' and with intent tioned, came there, and with his sword drawn. to pull down and rifle the same houses; and did then defend the said people, and did greatly, that several such houses in a street called encourage them to burn the materials of the Fetter-lane, and in a certain place called Lin- said house; but the said George Purchase, coln's-inn-fields, and in other places in the before that time, was not present with the said county of Middlesex, were rifled by the people people, and at that time was much in drink: so as aforesaid assembled and gathered toge- and the said jurors, upon their oaths aforesaid, ther; and that the seats and pulpits, and other further say, that the guards of our sovereign materials belonging to the said houses, were lady the queen, theu and there coming by the pulled down, and burnt, and consumed with command of our said lady the queen, to disperse fire, in open places within the said county, the the concourse of people aforesaid, and to suppeople there present greatly rejoicing, shout- press that insurrection in the said street called ing, and hallooing: and the said jurors, upon Drury-lane, the said George Purchase did their oaths, do further say, that a great part then and there incite the people, then, as afore of the said persons, to the number of 300 said, burning the materials of the said house, to resist the said guards, and did make an persons of that concourse of people, who, as aforesaid, had rifled the said house, in the assault in and upon the captain of the said place aforesaid called Lincoln's-inn-fields, and guards, with his sword drawn, and with his bad burnt and destroyed with fire the materials said sword did strike several horses of the said therein, being led from thence by one Daniel guards, and being admonished by one then and Dammaree, proceeded towards a certain street, there present, that whoever resisteth the guards in the county aforesaid, called Drury-lane, of our lady the queen resisteth also the person ballooing and crying out, that they would pull of our said lady the queen; he then and down and level with the ground all the said there, by way of answer, said, Are you an houses allowed and approved as aforesaid for enemy to Sacheverell? And that the said the assembling of the Protestants dissenting George Purchase advanced before the said from the Church of England, for divine wor- people following, he the said George led them ship; and that in their march aforesaid, it was against the guards aforesaid, hallooing, and then debated among them, which house of the crying out in the following words, that is to said houses they should next pull down and say, I am for High-Church and Sacheverell; come on, boys; I will lose my life in the rifle, some of them, at that time, proposing to cause, and will fight the best of them: and their fellows the pulling down and rifling a certain house of that kind, situate and being the jurors aforesaid, upon their said oaths, do in a street, called Wild-street, in the county further say, that the general cry of the people aforesaid; but others advising the pulling down aforesaid, at all the several places aforesaid, and rifling another house of that kind, situate whilst they rifled the said several houses, as is in the street aforesaid, called Drury-lane, for before set forth, and burnt the materials of this reason, that the said house, situate in the the same, was universally, High-Church and Sacheverell. street aforesaid, called Wild-street, was mean, and of no value, and that house situate in the street aforesaid, called Drury-lane, was very considerable; whereupon, it was agreed between them, that they would next pull down and rifle the said house, situate in the street aforesaid, called Drury-lane; and thereupon they went to the said street, being led by the said Daniel Dammaree, (the said Daniel Dammaree at that time greatly exciting and encouraging the people to follow him) shouting, and crying, Huzza! High Church and Sacheverell! and declaring that they would pull down all the houses allowed, as aforesaid, to the Protestants dissenting from the Church of England, for religious worship; and did then break and rifle the said house, in the street aforesaid, called Drury-lane, and did then bring out the seats, pulpit, and other materials thereto belonging, into the public street, there to be burnt, and afterwards did consume them with fire in the same public street, and in the same manner as the rest were consumed. And the jurors aforesaid, upon their oaths, But whether, upon the whole matter aforesaid, found by the said jurors in form aforesaid, it shall appear to the justices, and the court here, that the aforesaid George Parchase be guilty of the high-treason aforesaid, in the said indict:nent specified, in manner and form as by the said indictment is supposed, or not, the jurors aforesaid are entirely ignorant, and therefore desire the advice of the justices, and of the court here; and if, upon the whole matter aforesaid, found by the said jurors, in form aforesaid, it shall appear to the justices, and to the court here, that the said George Purchase is guilty of the high-treason aforesaid, in the said indictment specified, in manner and form as by the said indictment is supposed, then the said jurors, upon their oaths, do say, that the said George Purchase is Guilty of the high-treason aforesaid, in the said indictment specified, in manner and form as by the said, indictment against him is supposed; and that, he, at the time of the high-treason aforesaid, had no goods or chattels, lands or tenements, to the knowledge of the jurors aforesaid; but if, upon the whole matter aforesaid, found by the said jurors in form aforesaid, it shall appear to the justices, and to the court here, that the said George Purchase is not guilty of the high-treason aforesaid, in the indictment aforesaid specified, in manner and form as by the said indictment against him is supposed; then the said jurors do say, upon their oaths aforesaid, that he the said George Purchase is not guilty of the high-treason aforesaid, in the indictment aforesaid specified, in manner and form as he the said George Purchase, for himself, by pleading, hath alledged; nor did he ever withdraw himself for the occasion aforesaid: and because the said justices and this court are not yet advised of giving their judgments of and upon the premisses, therefore a day is given to the said George Purchase, to the next gaol-delivery of Newgate aforesaid, for the county of Middlesex aforesaid, to be detained in the gaol aforesaid, under the custody of the sheriff aforesaid, in the mean time, safely to be kept, &c. to hear their judgment of and upon the premises aforesaid, because the said justices and this court are not yet, &c. The following is the ARGUMENT of the CHIEF JUSTICE, written with great clear ness of stile, and strength of reason. [Former Edition.] As to Dammaree and others, who pulled down or rifled meeting-houses, it is the unanimous opinion of all the judges, that they were guilty of high-treason; and the species of that treason is, the levying war against the queen. For, when a multitude is assembled, and force used, not for any private end or revenge, but upon a pretence which is public and general, it has in all ages been adjudged a levying war against the crown, and high-treason. Several cases have been at several times, in the reigns of Henry 8, queen Elizabeth, king Charles 1, and king Charles 2, under the consideration of the judges; and particularly so, if a multitude assembled with an intent, And actually with force attempt, To remove evil counsellors, Alter laws, Make reformation, See Luders's observations on the doctrine of generality or universality as stated here, and by Foster and Blackstone. Considerations on the Law of High Treason, &c. ch. 2, p. 88. Break prisons generally, Pull down bawdy-houses. And in all these cases the persons concerned therein, though they had no ill intention against the person of the king or queen, have been held guilty of levying war against the king or queen. For these insurrections are of a public nature, and invasions of the royal authority. Aud this insurrection, with intent to pull down meeting-houses tolerated by law, is of a more public nature and concern than many of those, and a higher violation of the public peace; and therefore is, in the eye of the law, rebellion, and levying war against her majesty. As to the particular case of Purchase, the prisoner at the bar, three of the judges, my ford chief-justice Trevor, my brother Powell, and brother Price, are of opinion, that as this verdict is found, he is not guilty of hightreason. But all the rest of the judges are of opinion, that upon this verdict he is guilty of hightreason. For this insurrection, with an intent to pull down the meeting-houses, being high-treason, that is, being a rebellion, and in the eye of the law a levying war against her majesty; It appears, that the design of this rebellion that the manner of executing that design was was to pull down and rifle meeting-houses; by pulling down the pulpits, pews, and other materials of the meeting-houses, and burning them with great triumph in public places; and when they had burnt the materials of one, then to go on to another. It appears, that when Purchase came to the persons engaged in this design, they were still continued assembled upon the same design; and though the pulling down of the meeting. house in Drury-lane were over, it only had the preference of that in Wild-street, their whole work of pulling down meeting-houses was not over, the whole design of this rebellion was not yet accomplished, but they were proceeding in the method in which they had begun, and were burning the materials of this meeting-house in Drury-lane, and when that was done, they would be at liberty to go on to another, and so on till all should be finished, and all the meeting-houses destroyed: so that their rebellion was then continuing. Purchase comes up to them, joins them that were thus engaged in an act of rebellion; not only encourages them to burn the pews and pulpit, but draws his sword in defence of these rebels, then, in the eye of the law, in war against their queen: and when the guards came, by her majesty's special command, to disperse them, that is, to stop this rebellion, +See Leach's Hawkins's Pleas of the Crown, book 1, c. 17, s. 25. See Luders p. 18. And qu. of the Royal Authority thus alleged to be invaded. See also the Note to the summing up in Dammares's Case ante, and Luders as there cited, and put an end to this war, he actually en-into the real design, but yet all that join in it gages the guards, makes a pass at the captain are guilty of the rebellion.* It is not for a man to fight for persons acof the guards, and pokes at other of their horses; and so did all in his power to keep this tually in rebellion, and say, he meant indeed to rebellion on foot, in opposition to her majesty's break the peace, but did not design high treaforces: and when a person joins hinself to son; he should have thought of that before he those engaged in rebellion, and fights in de- joined those he saw engaged in an unlawful fence of them, while they are in the act of re-act; if he will knowingly break and contemn bellion, this we think, involves him in the guilt the laws, he must be content to suffer the same of this rebellion; and, by thus doing, he is one punishment with those he had joined in breakof those that wages war against the queen. ing them. It is not indeed found in express words by the verdict, that he aided and assisted these rebels, but it is found in effect; for it is found that he defended them with his drawn sword, and he fought against the guards that were sent to disperse them: nay, here is more found than aid and assistance implies; for a man is properly said to be aiding and assisting those that make war, if he supply them with arms or provisions, or otherwise contributes to their as sistance, though himself is at a distance; but bere, with sword in hand, he is found actually to attack the guards, and so himself joins in making war, and is more properly an actor, than an aider or assister. It is not found in the verdict, that he knew of the intent to pull down meeting-houses, and we take it not to be necessary: And this is no new point; this was the opinion of all the judges of England, in the case of the earl of Essex, and earl of Southampton, in queen Elizabeth's time; the earl of Essex having a design to remove some of the counsellors from about the queen, and marching with several armed men for that purpose: all the judges held, that all that went with him out of his house, and so adhered to the earl of Essex, who was guilty of high treason, were themselves guilty of high treason too, though they knew not his intent. Purchase received her majesty's most gracious pardon. Joining with rebels," (says Mr. East) 1. Here is matter found, that carried a vio-"freely and voluntarily, in any act of rebellion, lent presumption that he did know it. is levying war against the king; and this too though the party was not privy to their intent. This was holden in the case of the earl of Southampton, and again in Purchase's case in 1710. But yet it seems necessary in this case, either that the party joining with rebels and ignorant of their intent at the time, should do some deliberate act towards the execution of their design, or else should be found to have aided and assisted those who did. Therefore, in the cases of Green and Bedell, who with others were indicted for levying war and pulling down bawdy-houses and opening prisons, it being only found that they were present, and not finding any particular act of force committed by them, or that they were aiding or assisting to the rest, which is a fact that must The notoriety of the pulling down the meeting-houses in so public a manner; his joining to such a tumultuous assembly; his encouraging them to burn the materials; his eagerness in defending this assembly; his using the word, which appeared to be the watch-word at all the several meeting-houses, High-Church and Sacheverell, declaring himself to be for High-Church and Sacheverell, which, if it had no other meaning, was yet the cant word of these rebels; his taking upon him so far the knowledge of the cause, that he declared he would lose his life for it; and using that as an inducement, when he called on the people that were engaged in the cause of pulling down meeting-houses, to follow him against the guards, seem very strongly to import his know-be found by the jury, and cannot be implied, ledge. 2. We are of opinion, that if a man knowingly join with others in breaking the peace, and actually fights the guards in their defence; if in that breach of the peace they were rebels, be is so too, whether he knew them to be so or they were discharged. And if the acts of those who suddenly join an insurrection, being ignorant of their design, appear to be more inconsiderate than wilful or mischievous, such as throwing up their hats, or hallooing with the mob, this will fall under the same lenient consideration." Pleas of the Crown, chap. 2, sect. 15. 4-16. Proceedings against WILLIAM WHISTON, for publishing divers Tenets contrary to the Established Religion: 10 ANNE, A. D. 1711. [The following Address, and Opinions, being authentic, are, it is conceived, of importance enough to give them a place in this Collection. The Address was presented by the Lord Bishop of Litchfield and Coventry,* and the Lord Bishop of Ely, April 17, 1711. Former Edition.] To the QUEEN's most Excellent Majesty, The Humble ADDRESS of the Archbishop and Bishops of the Province of Canterbury, in Convocation assembled. rect the said printed Preface to the convocation now assembled. And whereas we take ourselves to be both bound in duty to God, and to bis holy truths, and in obedience to your majesty's pious intentions signified to us with your gracious licence, to repress the said blasphemy: aud also obliged in vindication of our firm adherence to the true faith, and for the preservation of the same in the members of our communion, to call the said William Whiston before us, in order either to his amendment, or exclusion from the communion of the Church of England; but do yet find ourselves hindered from going on, by some doubts arising among ourselves concerning our power so to act and proceed: May it please your Majesty, WHEREAS one William Whiston, a pres- For that the court of convocation being final, byter of the Church of England, and late pro- or the last resort, from which no appeal is professor of mathematics in the University of Camvided by the statute made in the 25th year of bridge, who was, in October last, expelled the Henry the eighth, chap. 19, it may seem to be said University, for asserting and spreading doubtful how far a prosecution, without appeal abroad divers tenets, contrary to religion re- to the crown, will be consistent with the statute ceived and established by public authority in made in the first year of queen Elizabeth, chap. this realm, has, since that time, and a little be- 1, sect. 17, whereby all jurisdiction, and parti fore the sitting of this present convocation, cularly for reformation of errors, heresies, and printed and published an Historical Preface to schisms, is united and annexed to the imperial other writings of the same pernicious design, crown of this realm; and also how far it will intended for the press, in which he has ad- be consistent with the statute of Appeals, made vanced several damnable and blasphemous as- in the 25th year of Henry 8, chap. 19, which, sertions against the doctrine and worship of the in the course of the appeals directed to be ever-blessed Trinity expressly contradicting henceforth made, doth not mention convocathe two fundamental articles of the Nicene tion. May it please your most gracious macreed; and defaming the whole Athanasian;‡jesty, out of your known zeal for the honour of and has had the confidence to inscribe and di * The celebrated and excellent Hough. See the Case of Magdalen College, vol. 12, p. 1.. + Moore. "The account given of Athanasius's Creed, seems to me no-wise satisfactory; I wish we were well rid of it." Archbishop Tillotson's Letter to Bishop Burnet, published in the Life of the latter. Of this so much litigated Creed, Swift in his Sermon on the Trinity, says, "Although it is useful for edification to those who understand it, yet, since it contains some nice and philosophical points which few people can comprehend, the bulk of mankind is obliged to believe no more than the Scripture doctrine, as I have delivered it; because that Creed was intended only as an answer to the Arians in their own way, who were very subtle disputers." The Council of Nice was held in the year 325: Athanasius died in 373: I believe it is now very generally agreed by those, who have studied the question, that the Athanasian Creed was not composed before the time of Hilarius, bishop of Arles, about the year 430. God, and the good of his Church, to lay this case before your reverend judges, and others whom your majesty in your wisdom shall think fit, for their opinion, how far the convocation, as the law now stands, may proceed in exa mining, censuring, and condemning such tenets as are declared to be heresy by the laws of this realm; together with the authors and maintainers of them. Upon this Address to the Queen, her Majesty was pleased to refer the whole to the Twelve Judges, and to her Attorney and Solicitor-General; who being several times as sembled together, and debating the matter, came to the following Resolutions. To the QUEEN's most Excellent Majesty. May it please your Majesty ;-In humble obedience to your majesty's royal command, signified to your judges by the right honourable the lord keeper; we whose names are subscribed have considered the questions mentioned in the Address hereunto annexed, and are humbly of opinion, that since the statute of 23d of Henry 8, against citing out of the diocese, and those statutes of the 24th and 25th |